SB 0906 - Fiscal Note

Fiscal Note - SB 0906 - Reclassifies five associate circuit judges as circuit judges in St. Louis County

COMMITTEE ON LEGISLATIVE RESEARCH

OVERSIGHT DIVISION

FISCAL NOTE

L.R. NO. 3815-01

BILL NO. SB 906

SUBJECT: Circuit Judges: St. Louis County

TYPE: Original

DATE: February 24, 1998

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FISCAL SUMMARY

ESTIMATED NET EFFECT ON STATE FUNDS
FUND AFFECTED	FY 1999	FY 2000	FY 2001
General Revenue	$0 to ($68,523)	$0 to ($69,960)	$0 to ($71,709)
Total Estimated Net Effect on All State Funds	$0 to ($68,523)	$0 to ($69,960)	$0 to ($71,709)

ESTIMATED NET EFFECT ON FEDERAL FUNDS
FUND AFFECTED	FY 1999	FY 2000	FY 2001
None
Total Estimated Net Effect on All Federal Funds	$0	$0	$0

ESTIMATED NET EFFECT ON LOCAL FUNDS
FUND AFFECTED	FY 1999	FY 2000	FY 2001
Local Government	$0	$0	$0

Numbers within parentheses: ( ) indicate costs or losses

This fiscal note contains 4 pages.

FISCAL ANALYSIS

ASSUMPTION

Officials from the Office of State Courts Administrator (CTS) assume the proposed legislation would require that the next five vacancies in associate circuit judgeships occurring in St. Louis County after August 28, 1998, be replaced with circuit judges. CTS reports that there are 13 associate circuit judges in St. Louis County. Vacancies would occur when judges resign, retire, are not retained, or die. Thus, it is difficult to predict when the vacancies will occur. CTS would be responsible for the difference in salaries (currently $83,081 for associates and $94,235 for circuit judges or $11,154). Since judicial salaries are above the social security limit and judicial retirements are unfunded, CTS assumes the fringe benefits would be nominal and there would be no change in health insurance costs. Additionally, CTS would be responsible for the costs associated with a court reporter for each circuit judge (per Section 485.040) at an annual salary of $42,364 each plus fringe benefits.

Oversight assumes it would be conceivable for a vacancy to occur at anytime. The first scheduled vacancy in associate circuit judgeships to occur after August 28, 1998, would be in FY 2008 (mandatory retirement at age 70); however, unscheduled vacancies could occur at anytime. If all five vacancies occur during this fiscal note period, the annual cost would be $292,635. For purposes of this fiscal note, Oversight has ranged the costs from zero to one vacancy for each fiscal year.

Officials from the Office of the Attorney General, the Office of Prosecution Services, and the Office of the State Public Defender assume the proposal would have no fiscal impact on their agencies.

Officials from the 21st Judicial Circuit Court of Missouri did not respond to our fiscal note request.

Oversight assumes the proposal could result in a minimal fiscal impact for the 21st Judicial Circuit, as the office space, equipment and operating costs for the court reporters would be local expenses. However, Oversight assumes these costs would be minimal and could be absorbed with existing resources.

FISCAL IMPACT - State Government	FY 1999	FY 2000	FY 2001
	(10 Mo.)
GENERAL REVENUE FUND
Costs - State Courts Administrator (CTS)
	$0 to	$0 to	$0 to
Personal Service (0 to 1 FTE)	($44,598)	($45,713)	($46,856)
	$0 to	$0 to	$0 to
Increased Salary	($11,154)	($11,433)	($11,719)
	$0 to	$0 to	$0 to
Fringe Benefits	($12,501)	($12,814)	($13,134)
ESTIMATED NET EFFECT ON	$0 to	$0 to	$0 to
GENERAL REVENUE FUND	($68,523)	($69,960)	($71,709)
FISCAL IMPACT - Local Government	FY 1999	FY 2000	FY 2001
	(10 Mo.)
	$0	$0	$0
FISCAL IMPACT - Small Business

No direct fiscal impact to small businesses would be expected as a result of this proposal.

DESCRIPTION

The proposal would provide for the appointment of five additional circuit court judges for the Twenty-First Judicial Circuit (St. Louis County). These judges would replace associate circuit judges as they retire or leave the bench on or after August 28, 1998.

This legislation is not federally mandated, would not duplicate any other program and would not require additional capital improvements or rental space.

SOURCES OF INFORMATION

Office of State Courts Administrator

Office of the Attorney General

Office of Prosecution Services

Office of the State Public Defender

NOT RESPONDING: 21st Judicial Circuit Court of Missouri

Jeanne Jarrett, CPA

Director

February 24, 1998